Workplace Law Report Index-Summary

PAINTERS (IUPAT)

– Distr. Council 36, reverse alter ego rejected, nonunion contractor not bound by pact with union contractor he helped, not shown to run dual shop (9th Cir.), 351

PAPER INDUSTRY

– Georgia-Pacific, ADA, physical capacity test after knee replacement was unjustified medical exam, mill worker's claim revived (9th Cir.), 1324
– Intl. Paper, ERISA, fiduciary breach, jury trial properly denied on equitable claim, but 401(k) participants' class suit over stock drop, excessive fees advances (S.D. Ill.), 231
– Simpson Paper, ERISA, claimants showing entitlement to retiree health benefits have standing to challenge cancellation regardless of vested status, prior ruling reversed (9th Cir.), 747
– Solo Cup, sick leave, no statutory or constitutional right to jury trial for damage suits under Wis. law (Wis.), 1021

PAY EQUITY

– Cal. bill, veto, 1430
– EEOC compliance manual revised to conform with Ledbetter Act, 1179
– EPA

See EQUAL PAY ACT (EPA)

– Fair Pay Act

See LEGISLATION, FEDERAL, HR 2151, S 904

– Ill., filing options expanded, Ledbetter paycheck-based timing adopted, 1241
– Iowa, liquidated damages bill enacted, incorporates federal Ledbetter law, 615
– Lilly Ledbetter Fair Pay Act

– – Bill

See LEGISLATION, FEDERAL, HR 11

– – Contractor pay practices, OFCCP pay grade standards not affected, speakers discuss effects of Ledbetter law, Paycheck Fairness Act, 1111
– – Passage promises work for attorneys, but outcomes uncertain, conferees warned, 482

– Obama agenda on labor and employment law called aggressive, but pragmatic by ABA panelists, 1116
– Paycheck Fairness Act

See LEGISLATION, FEDERAL, HR 12, S 182

– Statutes of limitations, Md. Lilly Ledbetter Civil Rights Restoration Act enacted, parallels federal law, 558
– Wal-Mart, sex bias, en banc review ordered on certification of class potentially including over one million claimants (9th Cir.), 254; oral argument, attorneys clash over class certification, individual mini-trials (9th Cir., en banc), 428
– Women and girls, Obama creates policies council to help improve economic status, promote fairness, 360

PBGC

See PENSION BENEFIT GUARANTY CORPORATION (PBGC)

PDA

See PREGNANCY DISCRIMINATION ACT (PDA)

PENALTIES

– ADEA, sanctions, bad-faith bias claims merit order to pay most of defendant's legal fees, upheld (7th Cir.), 1255
– ERISA disclosure violations, DOL final rule assesses civil penalties of $1K per day against plan administrators, 53
– FLSA, S. Cal. Maid Serv., nonpayment of back wages, judge orders daily fines over $2K per day (C.D. Cal.), 569
– Freedom From Union Violence Act

See LEGISLATION, FEDERAL, HR 2537

– Identity theft, penalty enhancement, Mexican citizen who entered U.S. illegally and knowingly presented false papers to employer guilty of aggravated offense (U.S., oral arg), 290; aggravated offense requires knowledge that identification belonged to another, conviction overturned (U.S., rvs), 625; text, 649
– Ill., independent contractor misclassifications, Jerry Ryce Masonry pays first penalties under new law, 1242
– Illegal Immigration Enforcement and Social Security Protection Act

See LEGISLATION, FEDERAL, HR 98

– Incivility between plaintiff's and defendant's lawyers during discovery triggers order for training, lunch instead of sanctions (E.D. Pa.), 1289
– Mo., undocumented workers, state law prohibits fines for hiring, but ordinance mandating loss of business permit, city contract or grant lawful (8th Cir.), 811
– Multiemployer plans, underfunding, DOL proposes civil penalties rule, 1302
– N.Y., faithless servant doctrine, forfeiture of salary, bonuses (Mass.), 1418
– Ohio, faithless servant doctrine, denial of compensation (Ohio Ct. App.), 1352
– Safety and health

– – Atlantic States Cast Iron Pipe, EPA, DOJ fines total $8M for safety, environmental violations, conspiracy, blocking investigation, concealing accidents, managers sentenced (D.N.J.), 606
– – Combustible dust, OSHA issues 667 citations following inspections in Ala., Fla., Ga., Miss., 976
– – MetWest, needlesticks, citation for violating OSHA ban on reusable blood tube holders upheld (D.C. Cir.), 515
– – Multiemployer worksite, OSHA may cite general contractors for hazardous conditions faced by subcontractors' employees, no conflict with “controlling employer” policy (8th Cir.), 328
– – OSHA, willful violations triggering fatality, poultry firm pleads guilty, agrees to pay $500K fine (W.D. Ark.), 51
– – Protecting America's Workers Act

See LEGISLATION, FEDERAL, HR 2067

– – Protecting America's Workers Act, Rep. Woolsey (D-Cal) to introduce OSH Act update in House, seek more stringent penalties, 235

– W. Va., industrial accident reporting rule adopted, In Brief, 823

PENNSYLVANIA

– Collateral estoppel, independent contractor status, UI ruling precludes wage claims (E.D. Pa.), 1394
– Contracts, ineligibility no bar to British pilot's breach claim against aviation service firm for failure to support efforts to obtain O-1 visa (E.D. Pa.), 200
– Falsified reports triggered firing, preclusive effect of SOX administrative ruling bars subsequent challenges alleging bias, pretext (3d Cir.), 541
– Labor legislation, 2008, DOL reports, 236
– Mandatory arbitration not enforceable where notice, consent lacking, bias claimant never received agreement (3d Cir.), 470
– Minimum wage, PMWA violations governed by workweek standard, not per-hour rule, FedEx couriers' claims rejected (M.D. Pa.), 10
– Off-the-clock work, 11th Amend. no bar to SEPTA bus driver's FLSA collective action against Pa. transit agency (U.S., rev den), 779
– Race bias, §1981 of Civil Rights Act of 1866 does not grant implied right to sue public employer, §1983 of 1871 Act only recourse (3d Cir.), 193
– Religious bias, Philadelphia need not allow female Muslim police officer to wear head scarf, accommodation undue hardship (3d Cir.), 543
– Senator Arlen Specter switches from GOP to Democratic party, opposes EFCA, 610
– Sexual harassment

– – Human Rights Act 4-employee threshold, at-will employment doctrine bar suit against small employer (Pa.), 1091
– – UI ineligible, benefits reversed for harassment claimant who unreasonably quit job after disciplinary action imposed (Pa. Commw. Ct.), 1297

– State actions summary, 1371
– Unemployment insurance, after-acquired evidence of disloyalty does not excuse failure to file timely appeal on benefits (Pa. Commw. Ct.), 1054
– Unemployment insurance, ineligible, UI benefits reversed for sexual harassment claimant who unreasonably quit job after disciplinary action imposed (Pa. Commw. Ct.), 1297
– Wilkes-Barre, department head who cut grass was former mayor's brother with sufficient authority to be policymaker, firing lawful (3d Cir.), 277

PENSION BENEFIT GUARANTY CORPORATION (PBGC)

– Financial/actuarial reporting requirements amended, final rule released, summary, 395
– Forfeitures, plan terminations, PBGC proposed rule would protect benefits in trusteed plans under USERRA, 1066
– Insurance, maximum benefit, 2010 terminations, 1459
– Lump-sum valuations, PPA guidance expanded, 53
– Privacy Act, PBGC-17, new system proposed to protect records for law enforcement, 518
– Sexual harassment, affirmative defense dooms auditor's claim, reporting delay unreasonable, employer was quick to correct (D.C. Cir.), 992

PENSION PROTECTION ACT (PPA)

– Automatic enrollment in defined contribution plans, IRS issues final regulation implementing PPA, summary, 288
– Investment advice, participant-directed accounts, DOL releases final rule, Rep. Miller (D-Cal) predicts harm to investors, vows to block, summary, 122; rule delayed to consider legal and policy issues, 439
– Lump-sum valuations, PPGC guidance expanded, 53
– Retroactivity rejected, cash balance plan's failure to use whipsaw calculation for pre-PPA lump-sum distributions was statutory violation, but ERISA civil enforcement remedy lawfully applied (U.S., rev den), 79

PENSIONS

– ADEA, county's higher contributions from older new hires based on economic, not age-based, factors, upheld (D. Md.), 149
– Designated beneficiary agreements, Colo. estate planning, administration law for unmarried persons summarized, 559
– Financial/actuarial reporting requirements amended, PBGC final rule released, summary, 395
– Form 5500, Schedule C guidance, EBSA Q&A, 1459
– Furloughs driven by recession may negatively impact benefits, practitioners advise, 815
– N.Y., crime victim restitution not merited where union local, benefit funds not “directly harmed” by construction official's criminal conspiracy (2d Cir.), 841
– PPA

See PENSION PROTECTION ACT (PPA)

– Pre-bankruptcy claims, petition for pension benefits, WARN Act debt not priority administrative expenses (6th Cir.), 229
– Pregnancy bias, workers denied service credits based on calculations using pre-PDA system, justices invite follow-up briefs on Ledbetter effects (U.S.), In Brief, 335; service credits properly denied, PDA not retroactive, no Ledbetter effect (U.S., rvs), 693; text, 719
– Salary reduction simplified employee pension (SARSEP) plans, IRS online newsletter aids sponsors, In Brief, 1179
– Termination premiums payable to PBGC not “claims” dischargeable in bankruptcy (2d Cir.), 548

PERFORMANCE EVALUATIONS

– Sex bias, unconscious discrimination, female lawyers face persistent barriers to advancement at large private firms, ABA told, 528

PERSONAL PROTECTIVE EQUIPMENT (PPE)

– National consensus design standards incorporated into numerous OSHA updates, 1267
– Respirators

– – FY2010 Department of Homeland Security Appropriations Act

See LEGISLATION, FEDERAL, HR 2892

– – H1N1 virus (Swine Flu)

See H1N1 VIRUS

– – OSHA protection standard, guidance issued on assigned protection factors, 517
– – OSHA withdraws proposed abbreviated Bitrex fit-testing protocol, citing reliability concerns, 919

PERSONNEL MANAGEMENT OFFICE (OPM)

– FMLA regulations, OPM proposes amendment to include leave for care of military service member, other uses, 1201

PHARMACEUTICAL INDUSTRY

– Amgen, ERISA, stock drop fiduciary breach, ex-employee who cashed out of defined contribution plan has statutory, constitutional standing to sue (9th Cir.), 997
– Astra USA, sexual harassment, N.Y. faithless servant doctrine, forfeiture of CEO salary, bonuses (Mass.), 1418
– Bayer, overtime, “selling,” “obtaining orders” not defined by Cal. law, question certified whether sales representatives subject to outside sales or administrative exemption (9th Cir.), 627
– Bristol-Myers Squibb, sales rep fired for falsifying reports, preclusive effect of SOX administrative ruling bars subsequent challenges alleging bias, pretext (3d Cir.), 541
– Merck, PDA, intent to have baby puts claimant in protected class, but firing was due to poor performance (N.D. Ind.), 12
– Novartis Animal Health, FMLA retaliation claim proceeds for alcoholic manager fired after inpatient treatment program, but not ADA (10th Cir.), 219
– Novartis, overtime, salespersons exempt under FLSA, Cal., N.Y. laws (S.D.N.Y.), 109
– Pfizer, FMLA, manager fired 3 weeks after adoption-related leave proved interference, retaliation, but denial of mandatory prejudgment interest was error (4th Cir.), 343
– Pfizer, off-label marketing, FCA, N.J. whistleblower claims dismissed, fired VP failed to show causal link (S.D.N.Y.), 1330
– Schering, overtime, sales representatives not FLSA-exempt outside salespersons where primary duty is explaining products to physicians (D. Conn.), 539
– Wyeth Pharms., SOX, ambiguity, delay in “definitive notice” of discharge renders engineer's claim timely despite 6-month lag (DOL ARB), 683

PHARMACIES

– Duane Reade, sexual harassment, Bronx store work environment hostile to pregnant women, $140K settles EEOC claims (S.D.N.Y.), 742
– Reproductive services, rights of conscience

– – HHS issues final rule intended to protect health care workers, summary, 22
– – OMB reviewing proposed regulation to rescind Bush-era rule, comments summarized, 330
– – Rescission proposed due to opposition, HHS seeks comments, 359

– RiteAid of Pa., company not bound to arbitrate UFCW organizers' access to newly-acquired nonunion stores (M.D. Pa.), 546

PHYSICIANS

– Cook County Hosp., ADA, doctor who threatened to kill co-workers lawfully fired, employer's honest belief sufficient (7th Cir.), 870
– H1N1 virus (Swine Flu)

See H1N1 VIRUS

– Reproductive services, rights of conscience

PICKETING

– AFSCME action against clinic without 10-day advance notice was ULP, but firing clinic workers for participating in picket line unlawful (2d Cir.), 875

PILOTS

– FLSA, business or company pilots, “position of non-enforcement” reaffirmed, Wage and Hour Op. Letter, 403; text, 407

PIPELINE SAFETY IMPROVEMENT ACT (PSIA)

– Complaints protected activity, but not refusal to work (DOL ARB), 1008

PIPELINES

– Acetylene standard, OSHA final rule updates references, 1141
– AHR Util., PSIA, corrosion, whistleblowing welders' safety complaints protected activity, but not refusal to work (DOL ARB), 1008

PLANT CLOSINGS

– Alert Laid-Off Employees in Reasonable Time (ALERT) Act

See LEGISLATION, FEDERAL, HR 2077

– State labor legislation, 2008, DOL reports, 236
– Thyssenkrupp Budd, reverse age bias, severance denial, LMRA bars claims requiring interpretation of UAW pact, shutdown accord (6th Cir.), 11

PLAs

See PROJECT LABOR AGREEMENTS (PLAs)

PLUMBERS AND PIPE FITTERS (PPF)

– Local 198, Fluor Daniel, back pay, damages for rejected salts calculable under Oil Capitol evidentiary standards, no extraordinary circumstances shown, bid for reconsideration rejected (NLRB), 259
– Pipefitters Local 539, threat to rescind market recovery grant involves ULP, NLRB has exclusive jurisdiction over dispute (Minn.), 1170

POLICE

See LAW ENFORCEMENT EMPLOYEES

POLITICAL ACTIVITIES

– Payroll deductions

– – Idaho ban on local government employees' dues deductions no 1st Amend. violation (U.S., rvs), 273; text, 298
– – Utah ban on local government employees' dues deductions no 1st Amend. violation, prior holding vacated (10th Cir.), 604

– Privacy Act, irrelevant records, job applicants rejected due to liberal political affiliations may sue DOJ, but not individual screeners (D.D.C.), 1296
– U.S. Supreme Court docket, 2009-2010 term, 1336

POLYGRAPH TESTING

– EPPA

See EMPLOYEE POLYGRAPH PROTECTION ACT (EPPA)

POSTING NOTICES

– ADAAA, EEOC, 1459
– GINA, EEOC, 1459

POULTRY PROCESSING

– George's Processing, hiring illegal workers, $450K settles ICE charges from 2007 probe (W.D. Mo.), 1299
– Tyson Foods, willful OSHA violations triggering fatality, firm pleads guilty, agrees to pay $500K fine (W.D. Ark.), 51

PPA

See PENSION PROTECTION ACT (PPA)

PREEMPTION

– ERISA

– – Discretionary clauses, Mont. prohibition (9th Cir.), 1456
– – Mich., law barring “discretionary clauses” aimed at insurers, substantially affects risk-pooling, no conflict preemption (6th Cir.), 435
– – Minn. claim alleging disability bias also stated firing occurred to avoid paying pension benefits, interference claim triggers preemption (8th Cir.), 773
– – Misrepresentation about long-term disability benefits, state law fraud claim preempted (U.S., rev den), 605
– – San Francisco fair share health care ordinance not governed by or related to ERISA, no preemption, en banc review denied (9th Cir.), 355; bid for emergency stay to block pay-or-play law denied (U.S.), 481; large employer interest groups seek review of no-preemption decision (U.S., amicus curiae brief filed), 999; city urges denial of review (U.S., opp brief filed), 1197; solicitor general view (U.S., brief invited), 1363

– Federal Airline Deregulation Act no bar to whistleblowing mechanic's state law firing claim (N.D. Ill.), 49
– FEHBA, Ill. insurance claims, partial or complete (U.S., rev grant), 1400
– FELA, asbestos liability, “procedural” nature of Ohio law requiring more threshold evidence than FELA saves it from preemption (U.S., rev den), 82
– FELA, RLA, FRSA, Cal. whistleblowing (E.D. Cal.), 1453
– Immigration, Ill. law barring employer enrollment in E-Verify unlawfully imposes state standards on federal program, preempted (C.D. Ill.), 393
– LMRA

– – Bar on reverse age bias, severance denial claims requiring interpretation of UAW pact, plant closing accord (6th Cir.), 11
– – Drug testing, NFL players suspended for taking banned diuretic may pursue Minn. statutory claims but not torts (8th Cir.), 1249
– – Secondary boycott, contractor and hotel contract-based claims against UBC barred (W.D. Wash.), 1259

– LMRDA no bar to Mich. law claim for wrongful discharge in violation of UFCW just-cause policy, $820K verdict for fired business agent upheld (6th Cir.), 771
– NLRA

– – Cal., Los Angeles ordinance requiring successor employers to retain grocery workers for 90 days after purchase barred by state and federal law (Cal. Ct. App.), 1094
– – Meal and rest breaks, Ill. law (U.S., rev den), 1366
– – Secondary boycotts, nonunion contractor's Ill. antitrust claims completely barred, federal cause of action substituted, dismissal reversed (7th Cir.), 544

– OSH Act general duty clause does not preempt amendment relaxing Okla. laws banning guns in workplace, injunction reversed (10th Cir.), 286
– RLA no bar to Ore. wage law class action, revived, “ordinary,” “complete” preemption distinguished (9th Cir.), 143
– UMTA does not preempt city transit agency's governmental immunity from union's state law breach of contract suit to enforce grievance settlement (U.S., rev den), 818

PREGNANCY DISCRIMINATION ACT (PDA)

– Evidence, after-acquired proof of job-related misconduct properly rejected where no showing of relevance or factual basis, $50K judgment affirmed (10th Cir.), 318
– Intent to have baby puts claimant in protected class, but firing due to poor performance (N.D. Ind.), 12
– Pensions, workers denied service credits based on calculations using pre-PDA system, justices invite follow-up briefs on Ledbetter effects (U.S.), In Brief, 335; service credits properly denied, PDA not retroactive, no Ledbetter effect (U.S., rvs), 693; text, 719

PRELIMINARY AND POSTLIMINARY ACTIVITIES

– Donning and doffing

See CLOTHES CHANGING

PREMIUM PAY

– Airport screeners, FLSA collective action preempted, TSA has complete discretion in setting pay levels (Fed. Cl.), 1287

PRESIDENT, U.S.

– Agencies ordered to halt action on Bush-era regulations, pending review, 122
– Executive orders

See EXECUTIVE ORDERS

– Secretary of Labor, Obama taps Solis (D-Cal) to head DOL, cites advocacy record, 21; confirmation hearings dominated by card-check recognition issues, support for EFCA, 123; cloture motion filed, Senate to vote, 267; Solis confirmation approved, 288
– Working Families Task Force created to address middle class work/family concerns, 187

PREVAILING WAGES

– California

– – RICO, FLSA, landscaping firm qualifies as “employer,” fired workers seeking class status may sue under federal, state law (C.D. Cal.), 540
– – San Francisco experience touted as progressive blueprint for labor standards, city's reforms, advances discussed, 54
– – SCA, Alacatraz ferry operating under concession contract with Natl. Park Service covered, operator's exemption claim rejected (DOL ARB), 204

– Conferences for government contractors, DOL to explain laws applicable to ARRA, In Brief, 977
– H-1B visa program, DOL ARB decisions, briefly, 87
– New Jersey

– – Construction contractor's deposition queries about claimants' immigration, residency, citizenship status unlawful (N.J. Super. Ct.), 750
– – Required on qualified energy projects, 1042

– PLAs, federal construction

– – Government Neutrality in Contracting Act

See LEGISLATION, FEDERAL, HR 983, S 90

– – Obama executive order revokes prior policy, summarized, unions, contractors comment, 224; text, 240

– State labor legislation, 2008, DOL reports, 236
– Wash., laws enacted defining “independent contractor,” ensuring payment on public works contracts, 557

PRINTING INDUSTRY

– Quebecor, oral pact to extend GCC-IBT contract authorized firm to exercise management rights, alter discipline policy, NLRB upheld (7th Cir.), 995

PRIVACY

– Background checks enjoined for low-level NASA contractors due to constitutional concerns, rehearing en banc denied (9th Cir.), 805
– Communication technology speeds ahead, attorneys cautioned to stay informed, 484
– Confidentiality

See CONFIDENTIALITY

– Data security

See DATA SECURITY

– Davis-Bacon construction payroll reports, DOL final rule reduces personal data, requires partial identifier, 22
– DPPA

See DRIVER'S PRIVACY PROTECTION ACT (DPPA)

– N.J., UPS worker fired for refusing to use company Web sites has valid whistleblower claim linked to identity theft law (D.N.J.), 636
– Reasonable expectation, auditing text messages on police sergeant's department-issued pager 4th Amend., Cal. violation, rehearing denied (9th Cir.), 152
– SCA

See STORED COMMUNICATIONS ACT (SCA)

– SCA, MySpace postings (D.N.J.), 1356
– Social Security Number Fraud and Identity Theft Prevention Act

See LEGISLATION, FEDERAL, HR 2472

– State labor legislation, 2008, DOL reports, 236
– Workplace computer policies, case law analyzed for guidance on NEoP clauses, confidentiality, privileged information, 23

PRIVACY ACT

– DOI whistleblower's claim on whether destruction of performance appraisal was intentional must go to trial (D.C. Cir.), 840
– Irrelevant records, job applicants rejected due to liberal political affiliations may sue DOJ, but not individual screeners (D.D.C.), 1296
– PBGC-17, new system proposed to protect records for law enforcement, 518
– VA physician lawfully disclosed claimant's HIV status, marijuana use to union representative, personal knowledge key factor (U.S., rev den), 129

PRIVILEGE

– Attorney-client

– – Firm had no right to access bias claimant's e-mails sent to lawyer through personal account on company laptop (N.J. Super. Ct. App. Div.), 913
– – Sexual harassment, discovery order, EEOC questionnaire, cover letter (E.D. Cal.), 1450
– – SOX retaliation

– – – Claims revived for in-house attorneys fired after identifying potential fraud on shareholders, privilege no bar (9th Cir.), 1159
– – – Evidence allowed (DOL ARB), 1369

– – Waiver, appealability of discovery order (U.S., oral arg), 1347

– U.S. Supreme Court docket, 2009-2010 term, 1336

PROFANITY

– Protected activities, profane pressman forfeited NLRA protection through verbal attack on newspaper executive, NLRB overruled (4th Cir.), 423

PROFESSIONAL SPORTS

– Dirt MotorSports, ADEA, financial officer fired for abrasive management style showed pretext, may use burden-shifting analysis to establish claims (W.D. Okla.), 1291
– National Football League (NFL), Minn. Vikings, drug testing, suspension for taking banned diuretic valid basis for statutory claims but not torts, arbitration valid (8th Cir.), 1249

PROJECT LABOR AGREEMENTS (PLAs)

– Executive order 13502, project-by-project basis, FAR councils extend comment period to Sept. 23, 1202
– Federal construction

– – Government Neutrality in Contracting Act

See LEGISLATION, FEDERAL, HR 983, S 90

– – Obama executive order revokes prior policy, summarized, unions, contractors comment, 224; text, 240

PROMOTIONS

– Race bias

– – Chicago employee's claim rejected due to failure to timely file charges regarding denial of training opportunities (7th Cir.), 107
– – Employment testing after Ricci, attorney analysis indicates guidance, support for employers making hiring, promotions decisions, 1268
– – Equal protection, reverse bias, disparate impact clash, city firefighters' test results twice scrapped because too few minorities passed (U.S., rev grant), 67; (oral arg), 565; discarding test results without strong basis in evidence that rejected minority candidates could prevail on disparate impact claim was reverse bias (rvs), 903; attorneys discuss impact of Ricci holding on employers planning RIFs, other large scale actions, Special Report, 1038
– – Failure to post vacancy, constructive discharge (S.D. Ill.), 1417

– Sex bias

– – ADEA claims against Federal Reserve Board of Governors properly rejected, but retaliation claim revived on vel non issue (D.C. Cir.), 346
– – Police officer's superior qualifications suggest pretext, claim revived (6th Cir.), 1288
– – Stereotyping claim revived for mother passed over due to young children, supervisor comments support liability (1st Cir.), 510
– – Wal-Mart, en banc review ordered on certification of class potentially including over one million claimants (9th Cir.), 254; oral argument, attorneys clash over class certification, individual mini-trials (9th Cir., en banc), 428

– Sexual harassment, Fla. deputy sheriff who declined post failed to show bias, constructive discharge (U.S., rev den), 81

PSIA

See PIPELINE SAFETY IMPROVEMENT ACT (PSIA)

PUBLISHING INDUSTRY

– Federal Register overhaul, accessibility, 1362
– Newspapers

See NEWSPAPERS

PUERTO RICO

– Labor legislation, 2008, DOL reports, 236
– Negligence, ADEA, relatives' derivative tort claims mostly time-barred, but 1-year limit tolled until son reaches 21 (1st Cir.), 834
– Sexual harassment, failure to report reasonably based on “more than ordinary fear,” affirmative defense rejected, $966K award upheld (1st Cir.), 257
– State actions summary, 645; 1206

PUNITIVE DAMAGES

– FLSA, retaliation, real state closing agent fired for overtime demands can pursue pay claim, punitive damages (E.D. Ark.), 1252
– General maritime law allows where maintenance and cure willfully or wantonly denied to injured seaman, Jones Act no bar (U.S., oral arg), 332; (U.S., aff), 867; text, 887
– Mass., sex bias, retaliation egregious (Mass.), 1390
– Ohio

– – Age-related statements, shifting explanations, $6M age bias verdict upheld, but $10M punitives violate due process, remanded (6th Cir.), 386
– – Whistleblower's mistaken report made in good faith protected, but punitive award for unlawful firing rejected (DOL ARB), 554

– SCA, MySpace postings (D.N.J.), 1356
– UNITE HERE, DPPA, “tagging,” lack of notice bars punitive damages, but statutory liquidated damages upheld (E.D. Pa.), 1172
– Wis. lawmakers approve stiffer job bias penalties for private, public employers, 686; enacted, expands jurisdiction to state circuit court, 821